EPA v. 55 MOTOR AVENUE COMPANY, ET AL

Case summary

THE SITE WHICH IS LISTED ON THE NATIONAL PRIORITIES LIST INCLUDES A 30-ACRE FACILITY SURROUNDED BY SUBURBAN AREAS THAT ARE PRIMARILY RESIDENTIAL. BEGINNING IN APPROXIMATELY 1940, INDUSTRIAL OPERATIONS AT THE SITE INCLUDED AIRCRAFT PARTS MANUFACTURING AND ASSOCIATED METAL FINISHING PROCESSES TO SUPPORT MILITARY PRODUCTION FOR THE SECOND WORLD WAR. IN THE LATE 1950'S, THE SITE WAS CONVERTED TO AN INDUSTRIAL PARK AND WAS USED FOR A VARIETY OF INDUSTRIAL OPERATIONS INCLUDING METAL PLATING AND FINISHING AND FIBERGLASS PRODUCT MANUFACTURING. SINCE THE 1980'S, THE SITE HAS BEEN USED FOR LIGHT MANUFACTURING AND WAREHOUSING. THROUGHOUT MOST OF THE PERIOD OF INDUSTRIAL OPERATION, WASTES WERE DISCHARGED UNTREATED INTO BELOW-GRADE SUMPS, UNDERGROUND LEACHING CHAMBERS, & UNLINED GROUNDWATER(GW) RECHARGE BASINS OR LAGOONS. THE SITE IS LOCATED ABOVE A SOLE SOURCE DRINKING WATER AQUIFER. GW UNDERLYING THE SITE IS CONTAMINATED WITH BOTH ORGANIC AND INORGANIC SUBSTANCES AND SITE SOILS CONTINUE TO ACT AS A SOURCE OF SUCH CONTAMINANTS. THE AOC WOULD REQUIRE RESPONDENTS TO PERFORM A NON-TIME-CRITICAL REMOVAL ACTION TO ADDRESS CONTAMINATED SUMPS, VAULTS, DRAINS, PIPES, UNDERGROUND LEACHING CHAMBERS, UNDERGROUND STORAGE TANKS AND A SANITARY LEACHING FIELD ON AN APPROXIMATELY 10-ACRE PART OF THE EASTERN PORTION OF THE SITE THAT IS THE SUBJECT OF A PLANNED COMMERCIAL REDEVELOPMENT, AS WELL AS TO ADDRESS A CONTAMINATED ABOVE-GROUND MOUND OF SOILS THAT WAS PLACED THERE BY THE RESPONDENTS IN 1991 IN CONNECTION WITH CONSTRUCTION ACTIVITIES THEN BEING UNDERTAKEN BY THEM.

Defendants (4)

• 55 MOTOR AVENUE COMPANY INCNamed in settlement
• CUBBIES PROPERTIES INCNamed in settlement
• ROSMARIN, JEFRYNamed in settlement
• TANENBAUM, J. JAYNamed in settlement

Facilities (1)

• LIBERTY INDUSTRIAL FINISHING

  55 MOTOR AVENUE, FARMINGDALE, NY, 11735

  Registry ID: 110022860983

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• 55 MOTOR AVENUE COMPANY ET ALentered 2002-03-27

  Primary law: CERCLA

Timeline (3 milestones)

• 2002-03-27Final Order Issued
• 2002-03-27Enforcement Action Closed
• 2002-04-15Enforcement Action Data Entered